On March 28, 1978, in Stump v. Sparkman, hereafter Stump, the United States Supreme Court held, in a five-to-three decision, that judges have absolute immunity from lawsuits involving any harm their judicial decisions cause. Linda Sparkman, who was unknowingly sterilized when she was fifteen years old in 1971, sued Harold Stump, the county circuit court judge who signed the petition to allow Sparkman’s mother to have her sterilized. Sparkman’s mother stated to Stump that she wanted her daughter sterilized because of Sparkman’s alleged mental deficiencies and sexual promiscuity. Sparkman argued that Stump violated her Fourteenth Amendment rights to due process because nobody informed her about the nature of the procedure and because Stump did not perform typical court proceedings. Stump argued that, because he was acting within his role as a judge, the doctrine of judicial immunity prevented his liability from lawsuit. Stump strengthened the impunity with which judges can act, including acts found to be unconstitutional, regardless of any rights upon which such actions may infringe.
In 1927, the US Supreme Court case Buck v. Bell set the legal precedent that states may sterilize inmates of public institutions because the court argued that imbecility, epilepsy, and feeblemindedness are hereditary, and that the inmates should be prevented from passing these defects to the next generation. On 2 May 1927, in an eight to one decision, the US Supreme Court ordered that Carrie Buck, feebleminded daughter of a feebleminded mother and herself the mother of a feebleminded child, be sterilized under the 1924 Virginia Eugenical Sterilization Act. Buck v. Bell determined that compulsory sterilization laws did not violate due process awarded by the 14th Amendment to the US Constitution. It also bolstered the American eugenics movement and established legal authority for sterilizing more than 60,000 US citizens in over thirty states, until most of the practices ended in the 1970s.
A vasectomy is a surgery that works to inhibit reproduction by interrupting the passage of sperm through the vas deferens, a tube in the male reproductive system. The procedure is a method of inhibiting an individual’s ability to cause pregnancy through sexual intercourse without altering the other functions of the penis and testes. In the US, into the early 1900s, proponents of eugenics, the belief that human populations can be made better by selecting for so-called desirable traits, used the procedure to forcibly sterilize people whom they deemed undesirable. Despite its early associations with eugenics, physicians’ use of vasectomy eventually transitioned into an option for elective contraception. Even with the various shifts in motivation for performing vasectomies, as of 2023, patients have the choice to undergo a sterilization procedure if they want to restrict their own ability to have children.
In 1933, an act of the North Carolina legislature created the Eugenics Board of North Carolina, or EBNC, to oversee the practice of sterilization, which is the removal of an individual’s ability to reproduce, in the state. Beginning in the late nineteenth and early twentieth centuries, the US eugenics movement involved both state and non-governmental entities attempting to improve human populations through selective breeding, which included sterilization of those labeled as genetically inferior. In North Carolina, the EBNC headed the state government’s eugenics program and oversaw decisions related to the sterilization of poor and disabled people. By the time of the dissolution of the EBNC in the late 1970s, an estimated 7,600 people had undergone forced sterilization under the board’s approval. Some of them later received funds in the 2010s from the state government in one of the first programs to provide compensation to involuntarily sterilized individuals. The EBNC presided over the sterilizations of thousands of people in North Carolina, prompting one of the first attempts at eugenics reparations in the US.